The next round in the battle over zoning issues between the Town of Sennett and the owners of Bonca's restaurant will take place next week at the Zoning Board of Appeals.
Bonca's is appealing zoning law violations cited by Sennett's code enforcement officer.
“I must remain totally impartial,” ZBA chairman James Lent said when asked about the issue. He did confirm that lawyers for the town and Bonca's would be present at Tuesday's meeting.
Greg Rigby, a partner in RyBach & Rig LLC, said that code enforcement officer Paul E.Weiman Jr. reinspected the property at 3193 East Genesee St. after he had issued cease and desist orders and orders to remedy to all three partners.
“He reinspected all violations on the first floor,” Rigby said. “I didn't let him upstairs,” he said, “I didn't have a key and we're not asking for a certificate of occupancy for the second floor.”
He noted that Weiman had included emergency doors sticking on the second floor as a building code violation. As attempts to remedy building code violations have been made, the issue of zoning violations still needs to be considered.
Rigby said the appeal of zoning violations would be addressed at Tuesday night's ZBA meeting.
“For those that the ZBA says are violations, we're going to ask for a variance,” he said. “We're going to shoot for all of that on Tuesday.”
“I'm impressed by the ZBA and how methodical they are,” he said, “I respect what they do.”
The total number of square feet allowed under nonconforming use is a major issue. Weiman's indicated that the remodeled building is 3,533 square feet over the maximum allowed. Deck and patio (1,504 square feet), drive through window lane (2,880 square feet), ramp (304 square feet) and outdoor second story access (185 square feet) are included in this calculation along with building dimensions. Setbacks for R-1 zones are also out of kilter.
Meanwhile, Bonca's began serving pizza and wings on Wednesday. They had opened for ice cream sales July 12 and maintain that, since they appealed Weiman's letter, they are automatically granted a stay under state law despite cease and desist orders.
The kitchen at Bonca's still isn't fully operational, and Rigby said he didn't know when the restaurant would be completely open for business.
Staff writer Kathleen Barran can be reached at 253-5311 ext. 238 or kathleen.barran@lee.net
If You Go
What: Sennett Zoning Board of Appeals
When: 7 p.m. Tuesday, Aug. 5
Where: Sennett Town Office Building, Cherry Street Road
“I must remain totally impartial,” ZBA chairman James Lent said when asked about the issue. He did confirm that lawyers for the town and Bonca's would be present at Tuesday's meeting.
Greg Rigby, a partner in RyBach & Rig LLC, said that code enforcement officer Paul E.Weiman Jr. reinspected the property at 3193 East Genesee St. after he had issued cease and desist orders and orders to remedy to all three partners.
“He reinspected all violations on the first floor,” Rigby said. “I didn't let him upstairs,” he said, “I didn't have a key and we're not asking for a certificate of occupancy for the second floor.”
He noted that Weiman had included emergency doors sticking on the second floor as a building code violation. As attempts to remedy building code violations have been made, the issue of zoning violations still needs to be considered.
Rigby said the appeal of zoning violations would be addressed at Tuesday night's ZBA meeting.
“For those that the ZBA says are violations, we're going to ask for a variance,” he said. “We're going to shoot for all of that on Tuesday.”
“I'm impressed by the ZBA and how methodical they are,” he said, “I respect what they do.”
The total number of square feet allowed under nonconforming use is a major issue. Weiman's indicated that the remodeled building is 3,533 square feet over the maximum allowed. Deck and patio (1,504 square feet), drive through window lane (2,880 square feet), ramp (304 square feet) and outdoor second story access (185 square feet) are included in this calculation along with building dimensions. Setbacks for R-1 zones are also out of kilter.
Meanwhile, Bonca's began serving pizza and wings on Wednesday. They had opened for ice cream sales July 12 and maintain that, since they appealed Weiman's letter, they are automatically granted a stay under state law despite cease and desist orders.
The kitchen at Bonca's still isn't fully operational, and Rigby said he didn't know when the restaurant would be completely open for business.
Staff writer Kathleen Barran can be reached at 253-5311 ext. 238 or kathleen.barran@lee.net
If You Go
What: Sennett Zoning Board of Appeals
When: 7 p.m. Tuesday, Aug. 5
Where: Sennett Town Office Building, Cherry Street Road
